Rule LLLT RPC 5.4 - PROFESSIONAL INDEPENDENCE OF AN LLLT(a) An LLLT or LLLT firm shall not share legal fees with anyone who is not an LLLT, except that: (1) an agreement by an LLLT with the LLLT's firm, partner, or LLLT associate may provide for the payment of money, over a reasonable period of time after the LLLT's death, to the LLLT's estate or to one or more specified persons;(2) an LLLT who purchases the practice of a deceased, disabled, or disappeared LLLT or lawyer may, pursuant to the provisions of Rule 1.17, pay to the estate or other representative of that LLLT or lawyer the agreed-upon purchase price;(3) an LLLT or LLLT firm may include employees who are not LLLTs in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement; and(5) an LLLT authorized to complete unfinished legal business of a deceased LLLT may pay to the estate or other representative of the deceased LLLT that proportion of the total compensation that fairly represents the services rendered by the deceased LLLT.(b) An LLLT shall not form a partnership with anyone who is not an LLLT if any of the activities of the partnership consist of the practice of law.(c) An LLLT shall not permit a person who recommends, employs, or pays the LLLT to render legal services for another to direct or regulate the LLLT's professional judgment in rendering such legal services.(d) An LLLT shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if: (1) a person who is not an LLLT owns any interest therein, except that a fiduciary representative of the estate of an LLLT may hold the stock or interest of the LLLT for a reasonable time during administration;(2) a person who is not an LLLT is a corporate director or officer (other than as secretary or treasurer) thereof or occupies the position of similar responsibility in any form of association other than a corporation; or(3) a person who is not an LLLT has the right to direct or control the professional judgment of an LLLT.Wash. R. Limi. Lic. Leg. Tech. Pro. Cond. LLLT RPC 5.4
Comment
[1] This Rule was adapted from Lawyer RPC 5.4 with no substantive changes except to change references to a "non lawyer" to "person who is not an LLLT" to avoid confusion. It applies to LLLTs analogously.
[2] Rule 5.4 does not prohibit lawyers and LLLTs from sharing fees and forming business structures to the extent permitted by Rule 5.9.